Select Committee on Merits of Statutory Instruments Twenty-Fifth Report


Instruments of interest

ARMED FORCES (SERVICE INQUIRIES) REGULATIONS 2008 (SI 2008/1651)

1.  The Ministry of Defence (MOD) have laid these Regulations, which provide for the setting-up and operation of internal inquiries by the Armed Forces (called Service Inquiries), to replace the current different types of formal inquiry held by the Armed Forces (such as boards of inquiry, unit inquiries and ships' investigations). MOD have said that the main purposes of Service Inquiries will be to establish the facts of a matter and to make recommendations to prevent the recurrence of anything that has gone wrong. The Secretary of State for Defence has confirmed that, where a Service Inquiry is held into the circumstances surrounding a death, MOD recognise that the bereaved families of Service personnel will have an interest in its conclusions, and the Ministry's policy will continue to be to offer a copy of the Inquiry report to the next of kin.

CORONERS (AMENDMENT) RULES 2008 (SI 2008/1652)

2.  These Rules amend Rule 43 of the Coroners Rules 1984 (S.I. 1984/552) regarding coroners' powers to make reports to prevent future deaths, and introduce a new rule to allow coroners to share information with Local Safeguarding Children Boards (LSCBs) to enable them to carry out their statutory functions. The amended Rule places a new statutory duty on organisations receiving reports to respond and to do so within 56 days. Coroners must share reports and responses with interested parties to the particular inquest and with the Lord Chancellor, and they may share reports and responses with other interested organisations. In sharing reports and responses with the Lord Chancellor, the Rule introduces a mechanism to ensure national oversight so that lessons learned can be disseminated more widely where relevant. The House may wish to note this instrument in connection with wider discussions on draft primary legislation.


 
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